Detailed Answer
This article explains the time limits for filing a civil assault claim under Maryland law. It does not address North Carolina law. If you need help for an incident that occurred in another state, consult a lawyer licensed in that state.
Under Maryland law, most personal-injury claims—including civil claims for assault or battery—must be filed within three years from the date the injury accrued. That deadline comes from the Maryland statute of limitations for personal actions: Md. Courts & Judicial Proceedings § 5-101. See the statute here: Md. Code, Courts & Judicial Proceedings § 5-101.
Key points about that three-year rule:
- When the clock starts: For a typical assault, the limitation period normally starts on the date of the assault (the date you were injured or threatened). The three years runs from the date the cause of action accrues.
- Discovery rule: In limited circumstances where injuries or the cause of action are not reasonably discoverable right away, Maryland courts may apply a discovery rule that delays accrual. For most straightforward assault events, the discovery rule will not apply because the assault and its harm are usually immediately known.
- Intentional torts: Assault and battery are intentional torts. The same three-year limitation generally applies, but intentional conduct does not automatically extend the filing deadline.
- Damages and remedies: A civil assault claim can seek monetary damages for medical bills, pain and suffering, emotional distress, lost wages, and sometimes punitive damages for particularly egregious intentional conduct.
Special rules for claims against government entities: Claims against the State of Maryland, counties, municipalities, or their employees are governed by separate notice and filing rules (the Maryland Tort Claims Act and related statutes and regulations). Those claims often require you to submit a timely administrative claim or notice before you can file a lawsuit, and the pre-suit deadlines and procedures are strictly enforced. For information about filing claims against Maryland state agencies and the administrative process, see the Maryland Attorney General’s Civil Process Division guidance: Maryland Attorney General – Tort Claims.
Other considerations:
- Minors: If the injured person was a minor when the assault happened, different rules can sometimes extend the filing deadline. Maryland law has special provisions for actions involving minors that may delay tolling of the statute of limitations until the minor reaches the age of majority.
- Criminal vs. civil claims: Criminal charges and civil lawsuits are separate. A criminal prosecution is brought by the state and has its own procedures and potential timelines. You can bring a civil assault claim even if prosecutors decline to file charges or if criminal charges are pending or resolved.
- Preserving evidence: Even if you are within the statutory period, evidence can disappear quickly. Collect and preserve photos, medical records, witness names, police reports, and any other documentation as soon as possible.
Helpful Hints
- Act promptly: File your claim well before the three-year limit ends. Waiting until the last minute increases the risk of missing the deadline or losing evidence.
- If a government entity is involved, start the administrative claim process immediately. Follow the exact procedures and timelines on the agency’s website or the Attorney General’s guidance.
- Preserve evidence: Keep medical records, photos of injuries or the scene, communications, and contact information for witnesses and police officers who responded.
- Get a police report: If the assault was criminal, report it to law enforcement and obtain a copy of the police report. That report can help both criminal prosecutors and civil attorneys.
- Speak to an attorney early: A Maryland personal-injury attorney can confirm the exact deadline that applies to your situation, evaluate exceptions (like tolling for minors or discovery issues), and help preserve your rights.
- Document costs and impacts: Track medical bills, lost work time, counseling, and non-economic harms (pain and suffering) to support any damage claim.
- Be cautious with settlement offers: Insurers may contact you soon after an incident. Do not sign releases or accept lump-sum offers without consulting an attorney; early settlement may waive your right to more complete compensation later.
Disclaimer: This information is for general education only and is not legal advice. It does not create an attorney-client relationship. Laws change and individual circumstances vary—consult a licensed Maryland attorney to get advice tailored to your situation.